“The rights of every man are diminished when the rights of one man are threatened.” – John F. Kennedy
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The UK is slipping even further into a dark, dark place. Let’s just be clear from the outset: once you declare someone, anyone, as not worthy of human rights you are declaring them to not be worthy as humans. And once you declare someone, anyone, as not being a worthy human, you might be next. Human rights apply to all of us, or to none of us.
Watching Nigel Farage spend a day of unrelenting media coverage this week to show off his latest idea of stripping migrants of their human rights and putting them in concentration camps was sicking. Worse, was seeing Keir Starmer’s response which was basically “we’ll do it too, but better”.
Then we got treated to a second day of it as former Conservative MSP Graham Simpson defected and attracted all of the airwaves to Farage again, followed for a third day by another defection in the form of former Labour Councillor Audrey Dempsey. Make no mistake. If you thought that was merely a coincidence, then you missed the deliberate strategy there.
Farage’s proposal is to follow a decade-long Conservative shibboleth of declaring that those “foreign courts” in Europe who safeguard our human rights via the European Convention on Human Rights are the worst kind of evil and the UK needs to withdraw from it. He’ll put in its place a “British Bill of Rights” that will apply only to British citizens and instead of “the state” telling you what you can do, you’ll have the freedom to do anything unless the state says you can’t do it.
One of the things he wants to do is to round up Afghan nationals who collaborated with the British armed forces during the invasion and occupation of that country. Many of these people now live under the threat of torture and execution by the Taliban since the latter reconquered the country and took back control. Many of these people had their personal details of their involvement with British forces leaked due to the UK’s appalling data security. Some received emergency evacuation. Some, it seems, did not.
Not surprisingly, the Taliban themselves appear to be quite happy to “receive” these people if Farage gets to implement his plans. When asked about whether he’d do it too Keir Starmer, a former human rights lawyer, said, effectively, ‘we’re not taking that option off the table’.
Removing the UK from the ECHR is not going to be as easy as waving a legislative wand. The rights bill is baked into the Belfast/Good Friday Agreement and can only be amended with the agreement of Ireland. Farage’s entire plan can be vetoed with a single memo containing the word “No”.
Or Northern Ireland could leave the UK, which would considerably smooth the passage of his plan. There’s still a complication in that ECHR is also baked into the Scotland Act and thus any attempt to disapply it to devolved areas in Scotland would require a legislative consent motion. But as Brexit has shown, this can simply be overridden by a Farage (or Starmer) Government. Or they could unilaterally amend the Scotland Act directly. Devolution will be no protection for Scotland in the way that it is for Northern Ireland.
“My partner is a migrant and is not a UK citizen nor likely to become one. Whenever someone says “prioritising British citizens”, they mean deprioritising and delegitimising my family.”
Even if the “British Bill of Rights” contains a carbon copy of the ECHR and it remains applying to everyone in general (i.e. Farage isn’t allowed to disapply it to Irish, Commonwealth, EU or non-EU citizens as he’s hinted) then we still have to remember that the actual purpose of doing this is to disapply it to specific people in specific instances whenever they become a nuisance to The State.
We’ve long been fed lines of the “bad person” who is “abusing human rights law” to avoid deportation for flimsy reasons like their cat is sick or they’d miss chicken nuggets (the actual stories behind those propaganda lines are far more nuanced). The point is that if such a person existed, these radicalised factions within the UK want to declare them less-than-human and to punish them for it.
This all matters because, sooner or later, it may well affect you. It’s certainly already affecting me. My partner is a migrant and is not a UK citizen nor likely to become one. Whenever someone says “prioritising British citizens”, they mean deprioritising and delegitimising my family. We also have to remember that I don’t just support Scottish independence, I work for an activist organisation that advocates for it. I am paid to agitate against the State in support of secession. In some countries, that’s not a job – it’s a death penalty offence. It might be me they strip citizenship from and declare to be unworthy of human rights.
Which, of course, means it might be you too. Or it might be Nigel Farage. Because even he is only a lost election and a charge of “collaboration with the previous regime” away from seeing his human rights abused too. As the famous line from the play A Man for All Seasons goes: “If you cut down the laws, and you’re just the man to do it, do you really think you could stand upright in the winds that would blow then?”
Human rights must apply to all of us or they apply to none of us. So I would ask Farage (and Starmer, and any other MP tempted to support this idea) a question: Please look through the rights guaranteed by the ECHR. Which rights do you wish would no longer apply to you, personally?
Because if he gets his way, one day they might not.
The Common Green 